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Mon, 24th January 2000
Northern Developments (Cumbria) Limited -v- J & J Nichol
Whilst in general an adjudicator did not have the jurisdiction to decide that one party?s costs of the adjudication should be paid by the other party, the adjudicator in the instant case was granted such jurisdiction by the parties? implied agreement
category: Adjudication
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Thu, 13th January 2000
VHE Construction PLC -v- RBSTB Trust Co Limited
The decision in the second adjudication reducing the amount of the contractor?s payment application meant that the full sum payable under the first adjudication only be enforced by the contractor repaying the difference between that amount and the reduced sum
category: Adjudication
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Tue, 4th January 2000
Fastrack Contractors Ltd -v- (1) Morrison Construction Ltd (2) Imreglio UK Ltd
The ?dispute? which could be referred to adjudication was all or part of whatever was in dispute when the referring party first intimated an adjudication reference, including more than one claim
category: Adjudication
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Tue, 30th November 1999
Sherwood & Casson Limited -v- Mackenzie (unreported)
The position in relation to paragraph 9(2) of the Scheme for Construction Contracts where a dispute referred to adjudication is alleged to be (substantially) the same as one previously referred and decided
category: Adjudication
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Thu, 18th November 1999
Homer Burgess Limited -v- Chirex (Annan) Limited
The adjudicator erred in law in his construction of ?plant? in section 105(2) of the Construction Act 1996 insofar as the pipework?s installation was not an ?construction operation? and therefore fell within the exception in section 105(2)(c)(ii)
category: Adjudication
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Wed, 17th November 1999
Bouygues v Dahl-Jenson
The adjudicator?s decision should be enforced despite it being common ground that the adjudicator had made a mistake in arriving at the amount awarded
category: Adjudication
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Fri, 29th October 1999
Lathom Construction Ltd -v- (1) Brian Cross (2) Anne Cross
The defendants would have had a reasonable prospect of success in contending at any trial that the adjudicator?s decision that the defendants should pay specified sums to the claimant due to it under the compromise agreement was made without jurisdiction
category: Adjudication
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Fri, 6th August 1999
Palmers Limited -v- ABB Power Construction Limited
The sub-sub-sub-contract for the provision of temporary scaffolding around the structural frame forming part of the contract for the assembly and erection of a generator was a ?construction contract? within the meaning of section 104(1) of the Construction Act 1996
category: Adjudication
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Thu, 29th July 1999
John Cothliff Limited -v- Allen Build (North West) Limited
The adjudicator's award of costs in his decision under the Housing Grants, Construction and Regeneration Act 1996 should be enforced by way of summary judgement
category: Adjudication
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Fri, 16th July 1999
The Project Consultancy Group -v- The Trustees of The Gray Trust
An adjudicator?s decision could be challenged on the ground that the adjudicator was not empowered to make the decision by reason of the contract not being a ?construction contract? or of the contract not being subject to the Construction Act 1996
category: Adjudication
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Mon, 12th July 1999
Allied London & Scottish Properties Plc -v- Riverbrae Construction Limited
The employer?s application for judicial review of the adjudicator?s decision payments should be made ?peremptorily? on the ground that the adjudicator failed to implement paragraph 23(1) of the Scheme for Construction Contracts failed
category: Adjudication
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Wed, 23rd June 1999
A & D Maintenance and Construction Limited -v- Pagehurst Construction Services Limited
Neither the sub-contract?s termination nor the contractor?s complaints about the work affected the enforceability of the decision
category: Adjudication
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Fri, 16th April 1999
A. Straume (UK) Limited -v- Bradlor Developments Limited
Adjudication constituted quasi legal proceedings within the meaning of section 11(3)(d) of the Insolvency Act 1986 and the employer should not have leave under section 11(3)(d) to start an adjudication against the contractor against which an administration order had been made where the contractor had already started an adjudication against it
category: Adjudication
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Mon, 15th March 1999
Outwing Construction Ltd -v- H. Randell & Son Ltd
It was proper and prudent for the sub-contractor to have commenced court proceedings by issuing a writ as its chosen method of enforcing the adjudicator?s decision for the contractor to pay monies to it in circumstances where the Scheme for Construction Contracts applied
category: Adjudication
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Fri, 12th March 1999
Rentokil Ailsa Environmental Limited -v- Eastend Civil Engineering Limited
The arrestments by the employer of the sums awarded by the adjudicator were vexatious and oppressive (and should be recalled) on the basis that they were mainly used to embarrass the contractor, to defeat the awards and to strain the contractor?s financial credit
category: Adjudication
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Fri, 12th February 1999
Macob Civil Engineering Ltd -v- Morrison Construction Ltd
The adjudicator?s decision in the sub-contractor?s favour should be enforced by way of summary judgement
category: Adjudication
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